On May 22, 2025, the Capitola City Council voted to fill the council vacancy left by Vice Mayor Alexander Peterson by appointment rather than calling a special election, setting an application period from May 27 through June 3 and directing staff to contact prior applicants and use ranked‑choice voting to select a successor.

The decision matters because state law gives councils 60 days to choose between a special election and appointment; the council’s deadline for this vacancy is July 7. Council members were briefed that a special election would likely cost the city roughly $49,000 to $56,000 and that the appointed term would run through December 2026.

City staff opened the item with background on the law and timeline, telling the council it could either call a special election or appoint a successor and that the 60‑day deadline to act is July 7. A staff presentation also noted the vacancy term ends in December 2026 and that county estimates from the January vacancy gave the election cost range used by staff.

Council member Johnson moved to use the same application and appointment process used for the earlier vacancy, with an open call for new applicants, staff outreach to prior applicants, ranked‑choice voting, an application window of May 27–June 3, and a requirement that applicants provide proof of residency subject to legal review. Council member Morgan seconded. The council voted unanimously with four ayes and the motion passed.

City Attorney (reading state guidance) told the council: “The domicile of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, into which whenever he or she is absent, the person has the intention of returning. At any given time, a person may only have one domicile,” and summarized that courts consider factors such as tax filings and voter registration when determining domicile.

Council members asked staff to compare how other cities handle residency questions and to return suggestions for any local policy clarifications that do not conflict with state law. The council directed staff to verify applicants’ voter registration and residency with the county and to confirm whether additional proofs of residence (for example, utility bills or leases) could legally be requested; the city attorney said staff would check the legality of any additional verification requirement and remove it if unlawful.

The council scheduled the appointment decision to be considered at the June 12 meeting after the application window closes. Staff will contact previous applicants to confirm continued interest and will return to the council with the compiled applications and the ranked‑choice selection results.

No change to the council’s deadline or to the vacancy term was made; the appointment will fill the seat through December 2026.